friends first on this tuesday morning. i am heather childers. >> i am ainsley earhardt. thank you for waking up with us. let's get to the top story. president obama dock canalling droel vow to go fix the problem of the obama care web site. >> i have to go back to the song you opened up with making my dreams come true. he would lake to have his dreams come through and getting this roll out to be smoother. he says no one is more mad about this than he is. he says the affordable healthcare act better known as obama care is more than just a web site it is a law that provide new benefits and protections without health insurance or in need of better insurance. the president addressing the issue at the rose garden flanked by people already enrolled in the program. the roll out on the web site is

unacceptable. >> there is no sugar coating it. the web site has been too slow, people have been getting stuck during the application process. and i think it's fair to say nobody is more frustrated by that than i am. precisely because the product is good, t good. >> the web site healthcare d.go has been having problems since it opened three weeks ago. he is working with the prietest and best minds to fix the web site. critics say despite the cost $200 million to develop will not be a quick fix. >> die know what these people are doing. there are not that many web pages. i don't get it. where did the money go? >> it cost so much to develop a simple program according to him. republicans say the web site

glitches there are more to come. kathleen sebelius is about to testify about the web site and how it all began before the house energy committee. >> kelly wright joins us this morning. thank you. >> police in nevada are trying to determine what led a 7th grader to open fire before the morning bell leaving two 12-year-olds wounded and a beloved math teacher dead. michael lands bury acted as a hero. he used his body as a human shield to protect his students and tried to get the young gunmen to put his weapon down. >> he pointed to us and said you ruined my life and i am going to ruin yours. >> police say the shooter eventually turned the gun on himself. >> one of the most notor why yous terrorists expected back in

court this morning in new york city al-libi will be appointed an attorney at a pretrial hearing. last week the mastermind behind the attacks in africa pleaded not guilty to terrorism charges. al-libi was captured in libya october 5th and on board the u.s.s. san antonio. it was cut short because he needed treatment for hepatitis c. rapid transit workers reaching a deal with management is a in six months of talks and the second strike of from workers. bart officials say commuter train service should start this mother-in-law and should be fully restored this afternoon. >> eight people are injured after severe turbulence of a united airlines flight. it might have been caused by

mechanical problems. the airplane did land safely at the airport in dublin. an elderly passenger suffered a cut to the head. seven others treated for minor injuries. this morning we are hearing from the former vice president dick cheney. he spoke to sean hannity last night in an exclusive cable interview about the state of the republican party. tea party members are not the extremists in washington. take a listen. >> when i see people talking about the tea party i don't think they are extremists as some of the folks in washington would describe. the extremists are barack obama. the ability to come to grips with the long-term debt problem for example. the frustration is very, very high. we needed generationnal leaders and needed to bring the next group along. when we needed folks in there that are sometimes not as smooth

as they ought to be sometimes there are major differences between the folks already there and the newcomers coming in. some place in there we will have a stronger party. >> the former vice president went on to say the tea party movement needs to happen inside the republican party not outside of it>>. the police detective in melee no longer needs to testify before a grand jury. attorney john arlea advised him not to testify. he says he's confident the evidence will show the detective never came close to assaulting the driver. prosecutors say he still actively participated by shattering the suv's back window. a second man is charged with setting off dry ice bombs at lax earlier this month. los angeles prosecutors say

miguel angel engezi was charged with one felony account of a destructive device near an airplane. he made two dry ice bombs alopping with carlos bennett who was charged last week. he is scheduled to be arraigned today. dolly parton is resting 9-5 after getting into a fender-bender in nashville. she tweeted her fans saying she is all good just a little tired and sore. another driver failed to yield and bumped into the suv she was in. wayne newton's fancy yacht is almost entirely under water at lake mead in arizona. newton was not or n board the yacht when it went down. this is all that is left barack obama the water. it remains a mystery somehow the yacht sunk but equipment file

yo failure has something to do with it. >> the noeshew york giants get r first win. the minnesota vikings 7-3 lead. manning slow throws one up to randall to find the end zone. giants take back the lead up 10-7. third quarter new running back payton hillis go in for the end zone. giants win 23-7. it is nearly a month late but in a few hours we will get a look at the september jobs report. lauren simonetti joins us with what we can expect and other top business news. >> today is ustuesday but it wi feel like a friday. the latest jobs probable is due out in an hour's time. they will release the numbers 18 days late because of the

government tshut down. it a slight improvement since august 169,000 jobs have been created. the last he's of data considered a clean gauge before the effects of the shut down and the baudge battle kicked in. if you can't beat em you might as well join them. that's why coals is openi-- wh l aes /* kohl's will open at 8:00 and stay open until mud night on black friday. netflix has 2 million more subscribers in the u.s. than rival hbo. netflix say profits quadrupled thanks to success of orange is the new black and house of cards. the biggest percentage of viewers use netflix to watch season after series like the

walking dead and scandal and breaking bad. we like to call that binge watching. i have been known to do that. >> guilty. breaking bad season 5 right now. >> can't step away from the tv yet. >> united i haven't seen that y. >> you have to. >> big part of the country waking up to much cooler temperatures. >> maria molina is in our weather center with our first degree weather update. we are looking at a big dip in the jet stream across the midwest, great lakes, northeast even as far south adds mississippi and alabama. that will be producing weather above average. it is starting to feel like fall. we have warnings and frost advisories. this is for the midwest and y morning hours whenakes through temperatures are very chilly. we are talking temperatures into

the 20's and even 30's in the morning hours. high temperatures, look at chicago your high today 40 degrees 50 in cleveland 44 in minneapolis. as we head into tomorrow the cooler air moves further south. in the city of memphis you don't make it out of the 50d. am georgia 52 degrees in parts of the southeast. take a look at new york city. heather and ainsley we are not going to make it out of the 50's for the next several days. there is a little bit of snow. >> already talking about that snow that lake-effect snow is around the corner. get ready. >> halloween is next week. hard to believe. >> it is 10 minutes after the top of the hour. the mother of that jet's fan who punched a woman as you can see. she says her son was defending himself but his criminal past might tell a very different

story. >> it is what she wanted but now the family of an iraq war vet is being forced to remove their daughter's headstone. as we go to break a look at the gas prices. new national aifl 3.40 cendoll . new national average 3.34. the day we rescued riley, was a truly amazing day. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers. you can find it all on angie's list. join today.

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>> good morning to you. 14 minutes after the top of the hour. in in the us this morning 6 people are dead and dozens more hurt after an explosion rocks a passenger bus in russia. it was caught on dashcam video as well. a female homicide bomber set off the bomb which consisted of two grenades and blocked the tnt. she had ties to an islamic militant group. >> a gypsy couple charged with abducting a girl. an international church of the child's parents intensified. they want to know how the girl only known asthma rhea came to be with the couple in greece who are considering a range of attempted scenarios to child trafficking to even simple charity. >> a bombshell about the man

caught on camera after the jets patriot's game. we know the 38-year-old is a convicted killer who served time for a fatal stabbing in 1992. wnyw reporter robert moses has breaking details. we hear the man's mother is speaking out. >> good morning to you. plenty of developments this morning. we are standing outside met life stadium where the whole thing went down onning sunday. they tell me the investigation is continuing. so far no charges et ye -- chars yet. we know the identity of the man his name is kurt paschke. he is a bartender from long island. he was wearing a jets jersey he was wearing jets jersey when he punched a woman. his mother was at the game with him. she says this group of new

england patriots fans insurantid the whole thing and her son was not the aggressor. >> they are trying to make my son look like he just hit this poor girl that's not the way it was. a guy should not hit a woman. if you have a maniac girl how much abuse do you take before you defend yourself. >> we mentioned kirk psachke's criminal death. he was charged with criminally neglect homicide back in 1992. he did about three years in prison for that killing. that is the latest life from met life stadium in new jersey this morning. >> story continues to unfold. it is now 17 minutes after the top of the hour. one town votes to rae move a world war ii memorial because it resembles a christmas tree. >> i am sorry if their understanding of their success

in service is dependent on lights on a tree. >> o'reilly's jessie waters heads to maine to get some answers. >> did you toss and turn last night? it could be a sign of a much more serious health continue. [man]ask me... [announcer] ...every wish for a bed that could feel perfect under every part of your body... [man]ask me about our tempur-pedic. [announcer] they're sleeping on the newest tempur-pedic bed... the new tempur choice... [man]two remotes. [announcer] firmness settings for the head,legs,and back... these real owners get that famous tempur-pedic comfort how they like it. [woman]ask me about the lumbar button. [man]lumbar button [woman]lumbar [announcer] tempur-pedic.the most highly recommended bed in america. now the fun begins!

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>> a new study suggests that older adults who don't sleep we will have more of the brain signs of alzheimer's disease.

those who slept poorly and increased build up of something that is associated with alzheimer's. another way to identify early changes that foreshadows the disease. researchers released earlier this year suggest memory lapse may be one of the earliest signs of that disease. an iraq war veteran spongebob square head headstone has been removed because officials at the cemetery deemed it inappropriate. the headstone of kimberly walker was made in the likeness of her favorite cartoon character and put up at the cemetery. according to the president the headstone along with the duplicate for walker's living twin sister will not be allowed back up but they will reimburse the family for each headstone and pay for new ones. a world war ii veteran has finally received his much

deserved honor. 94-year-old phillip coon was presented with the prisoner of war medal and other honors at the stulsa airport. he survived a labor camp and brutal death march in it the philippines. he was presented with a bronze star medal and combat infantry badge. he had just returned from the pow friendship program. listen to this. the bar harbor maine will no longer display a per pit actually lit tree in the center of town. since 2011 the tree has been a memorial to the american soldiers who lost their lives in the battle of the bulge. a majority of the town council voted to remove the memorial saying the tree was a religious symbol. jessie waters from the o'reilly factor visited to get some

answers. >> it was not about christianity per se it was a symbol of peace, light and hope for those veterans that ner returned th-- never returned that year. >> it's a complicated symbol that most people did not understand completely. >> you really think a tree was per pit actually lit is that complicated? >> i think it looks like a christmas tree. >> the freedom they took away from us was already bought, paid for in the lives of the men they turned the lights out on. that's a sad thing. >> how old would you respond to the veterans who are offended by the lights on the tree? >> i am sorry if their understanding of success in service is dependent on lights on a tree. >> it did not meet what i thought a memorial ought to be. >> it was a pretty vulnerable type of memorial. tended to get blown around a lot. >> it was more respectable than to move the lights because the

wind blew them around? >> i don't think a christmas tree belongs on property as a perpetual memorial. >> you are against the white house christmas tree the president lights? >> i wanted to present something the town manager said. >> it is tacky. >> it has nothing to do with veterans it has something to do with the display looking tacky. >> with you like to take that back, sir? >> tell us what you think. you can tweet us at fox and friends first or e-mail us at foxandfriendsfirst.com. >> now it is time to brew on this. a big win. now a big question. an investigation looking into whether a high school team was bullying when it beat another team 91-0. >> the high school football coach says he did everything he could think of against western hills, even pulling his starters

out in the first quarter and ultimately using his third stringers. a parent from the opposing team filed a bullying report on the coach. nfl football analyst shawn salisbury weighs in. >> i think it is pathetic that anybody would suggest it is bullying. it is one team out playing another. you get yourself more you get back in the huddle. >> what do you think? is it bullying or fair play? send the comments over to us. >> you can tweet them to us@fox and friends first or shoot us an e-mail. we will read those later in the show as well. a lot of things to respond to today. >> the time now is 26 after the top of the hour. coming up prepare to stay close to home or pay up. the state that wants to charge you boo i the mile. >> clayton morris is live on the west coast getting up super early for us this morning where we are a few hours away from

apple's big announcement. hey, clayton. >> the lights are off behind me in downtown san francisco at the apple event. in a few hours they take to the stage to show us brand new i pads and other things. stay tuned. we will be right back. mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation

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>> it is october 22nd. finl lyad mitting the web site doesn't work too well now he is

asking for help to fix it. the private company he is turning to. >> tax to the max. one city is posing the largest tax hike in the country. where it will cost you the most to light up. >> big news for one of the carredicard y dar /* kardashian ladies. she just made it official. fox and friends starts right now. ♪ >> good morning to you on this tuesday. welcome to "fox & friends first". little taylor swift to start you out this morning. i am ainsley earhardt. >> i am heather childers. it is half past of the hour. president obama doing a little damage control vowing to fix the problem plagued healthcare web

site. >> under wounting pressure the department of health and human services secretary finally agreeing to testify. doug luzader joins us live with what this means for you at home. >> good morning. as we are learning more and more about this obama care web site it is becoming increasingly clear it was entangled in a massive government bureaucracy that couldn't deliver on time. the "washington post" reporting there were warning signs plenty of red flags along the way. am this after the president had to address the many problems. >> nobody is matter about me the web site isn't working as well as it should. which means it is going to get fixed. will>> can it be fixed in time? consumer reports is warning readers to steer clear. secretary of health and human services kathleen sebelius agreed to testify before

congress next week in heapart t explain a web site that costs perhaps $200 million that baffled even experts. >> $200 an hour. that would be a million man hours, r5,000 ma-- 5,000 man years. i don't think they had time to have 5,000 man years. there are not that many web pages. i don't get it. where did the money go? >> the president says even if the web site isn't working all that well. >> doug luzader live for us. we are going to try again tonight on "hannity." we will let you know. >> thank you. police in nevada they are now trying to determine what led a 7th grader to open fire just before the morning bell. two 12-year-old boys were wounded and a beloved math

teacher dead. that math teacher michael lance bury a former u.s. marine, by the way, acted as a hero. he used his body as a human shield to protect his students. he tried to get the young gunman to put his woeapon down. >> he said you ruined my life and i am going to ruin yours. >> police say the shooter who had not been identified eventually turned the gun on himself. one of the world's most notorious terrorist is back in court. he will be appointed an attorney at the pretrial hearing. the mastermind behind the 98 u.s. embassy attacks in africa pleaded not guilty to terror charges. he was captured in libya october 59. he was interrogated accord the uss san antonio.

the interrogation was cut short because he needed treatment for hepatitis c. >> an argument over a cover charge at an after hours nightclub led to the death of a club patron who tried to stop the altercation. three others were wounded including the suspect. he had asked for a refund. an argument began the man shot the manager into an arm and shot a security guard. he shot and killed the patron who tried to help the security officer. >> the men are not cooperating. cops have been questioning charles walker and joseph jenkins. inmates using forged documents to get out of prixed son early. five happened at the franklin

correctional institution where walker and jenkins were being held. >> two of the three women held captive for a decade in the cleveland house of horrors are working on a book deal about their ordeal. amanda barry and gina dejesus will finally have a chance to tell their story. they are working with a team of "washington post" reporters. they were kidnapped by ariel castro a former school bus driver. castro hanged himself in a prison trel back in september. oregon moving ahead with a controversial plan to tax drivers based on the number of miles they drive as opposed to the amount of fuel they use. will this could replace the $0.30 per gallon state tax with 1.5 cents per mile. it is raising concerns about cost and privacy. will lawmakers say the issue of americans driving less and cars becoming more fuel efficient.

the program expected to launch in 2015. >> smokers beware. chicago mayor rahm emanuel now planning to hike the cigarette tax in the windy city. the proposed $0.75 increase would bring a pack of cigarettes up $0.75. they hope it will offset the $330 million budget deficit. we are just hours away from it apple's big launch event. the tech giant expected to may go make a big announcement about the ipad and the ipad mini. >> self declared tech nerd clayton is here. >> i added the self proclaimed. we are not calling you a nerd. >> i am proud. proud and self proclaimed. will absolutely.

just a few hours from now the lights are off right now at the apple event tim cook will take the stage a few hours from now. this fall it is going to be very busy for apple's slew of new products. what will we see? we saw the iphone now it is the ipad's turn. we will see ipad mini with the receipt new display. a lot of people wondering if they can get the battery life to display an ipad mini. a whole slew of off the wear mavericks is on the desk top computer. the laptops and big i macs whole new software there. new computers as well.

also a new mac mini. on and on you will see a whole bunch of new apple products. will they are not dictated the competition. they need to get the tablets out in time for the holidays. i know you were looking at a new tablet. it is time. >> if you got one apple will let you trade it in and get a new one. no questions asked. >> i want one of the mini ones. >> they are so light. they fit in your purse. it's great. >> befolet's get your first wea degree update with maria molina. >> a lot of people waking up to temperatures that feel a little bit more like fall. >> we are talking more like winter in some areas frm temperatures this morning in the 20's and even 30's for some of you across parts of the midwest.

that's why we have a number of freeze warnings in effect out here. even frost advisories possible on grassy surfaces or your cars. the high temperature this is as warm as it will get today in chicago. only 40 degrees. cold air is headed south and it is headed east. will new york city will only be in the 50's tomorrow. as we head further south, memphis 59 degrees for the high temperature. in atlanta in the low 50's. take a look at friday. low temperatures in the 30's. high temperatures in the 50's. that is very cold for people down in georgia and across parts of the southeast. they are really going to have to bundle up. >> my sister is down there. she is listening. >> the time is 20 minutes after the top of the hour. after weeks of ignoring it the white house is admitting what everybody already knew healthcare dot gov is a mess.

wait until you hear what the administration is turning to for help. >> one teenager discovers why diamonds really are a girl's best friend. she is learning young. [ horn honks ] [ passenger ] airport, please. what airline? united. [ indian accent ] which airline, sir? [ passenger ] united. whoa taxi! [ british accent ] what airline, then? [ passenger ] united. all right. [ spanish ] what airline? [ passenger ] united. ♪ [ mandarin ] which airline? [ passenger ] united. [ arabic ] which airline? [ passenger ] united. [ italian ] where are we going? [ passenger ] united. [ male announcer ] more stinations than any other airline. [ thai ] which airline do you fly? [ passenger ] united. [ male announcer ] that's great, big world frieny. ♪

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>> good morning from the streets of new york city. we hope you are waking up in a good mood. hope you are joini glad you are

us for "fox & friends first". they asked the supreme court to take up the lawsuit. it has to do with the federal healthcare law that coverage include access to the morning after bill. following the provisions of the law would violate their religious beliefs or cost them millions in fines. the owners prevent implementation of a fertilized egg. the insurance plan offers 16 other forms of birth control offered in the act. the smithsonian is facing a $55 million budget cut this year. it could lead to furloughs or museums closing if the cuts persist for the years ahead. >> congress approved a continuous resolution for funding into january. >> diamonds are a girl's best friend. 14-year-old hannah is learning

early from new york city she unearthed a canary diamond at the diamond state park. it is a tear drop shape about the size of a jellybean. after finding this diamond she said a little prayer of thanks and named the diamond god's jewels. >> the government is making urgent call reaching out to a major telecommunications company in hopes they will know how to fix the obama care web site glitches. diane macedo joins us now to explain. so the government said over the weekend it would go beyond the current contractors to find a faster fix to healthcare.gov. that brought them to verizon. the department of health and human services has passed verizon's enterprise solutions division to help the site's performance. hhs wouldn't respond to comments on this but said our team is bringing in the best and

brightest from inside and outside of the government to help improve healthcare.gov. also verizon already works for hhs and extensions to medicare and medicaid services. according to the company web site they create and operate networks and systems that help businesses and governments around the world. it also says they are inspired to help the toughest challenges and there is a possibility they could make it work. the roenrollment deadline is december 16th. as the site continues to cause problems the fear is more healthy people are getting discouraged from signing up as well. it is more expensive for all of us. >> diane mass is heed co joini diane macedo joining us at this

hour. >> scientists may have found a cure for baldness. >> stay tuned for that. a new reality about to set in for kim and kanye. the big change the spotlight hungry couple just under went. >> first brian kilmeade to see what's coming up on "fox & friends." we know you have been waiting for that story. >> three hours of kardashians. the if they are engaged i don't know what else is more important. something the kardashians don't show us. he has people working around the clock to fix the obama care web site debacle. even his friends in the media are starting to question the commander in p chief especially after the rose garden presence yesterday. what it means for immigration after what just happened with the 16 day lockout. hear from a doctor why they are worried sick about the

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it's now eight minutes till the top of the hour. a power grab over water? the environmental protection agency is rushing to implement new legislation that could have a big impact on private property. the agency says the legislation is needed because of uncertainty about which streams and wetland might be subjected to its jurisdiction under the clean water act.

protectist attorney abbott says the e.p.a. is moving too fast on this legislation and without congressional input. >> this is part and parcel to what president barack obama has said and that is he's going to use the e.p.a. in ways congress has not gone along with him on. >> the new regulations expected to be issued in a few months. a study claims one of the most common bacterias in the world might be a trigger for multiple sclerosis. it is commonly found in the soil and has dangerous forms which can destroy your neurological system. the study was small but the team started to research treatments to destroy and to block this bacteria. scientists say they may have found a cure for baldness in a study published in the journal pams, scientists said they have discovered how to grow hair in a lab.

they took cells in human donors, cloned them and grafted them into human skin grafted on to the backs of mice. this could lead to hair transplants. kim kardashian got a birthday surprise of a lifetime. she is engaged to kanye west. the rapper popping the question in front of friend and family at at&t park in san francisco. kanye, whose tour touches down in san jose tomorrow night, rented out the stadium for the occasion. >> did that say longtime love? not sure about that, but good for them. kelly clarkson, she's off the market. ♪ ♪ >> the grammy winner married longtime boyfriend

and talent manager. she wrote on twitter i'm officially mrs. blackstock. we got married at blackberry farms in tennessee, the most beautiful place ever, she said. they won fair and square but now a high school football team is under investigation. does their 91-0 win classify as bullying? we asked for your responses.

two minutes till the top of the hour. before you leave the house here's what's happening. accused terrorist aby anas al libi due in court for a pretrial hearing. he pleaded not guilty to terrorism charges last week. the september jobs report is about to be released. economists predicting 180,000 jobs were added. the report delayed for two weeks because of the government shutdown. this afternoon apple is expected to make a big announcement. changes expected for the ipad 5 and the ipad mini.

>> time to look at the good, the bad, and the ugly. up first, the good. the metro richmond suh welcoming five -- richmond suh -- welcoming five cheetah cubs. the bad, a kharbg grabbed on a man's surf board. he punched the shark to get away. a joker arrested in maine. police say he was driving drunk after leaving a halloween party. >> time to brew on this. earlier in the show we told you about a high school football team accused of bullying another team by running up the score. >> we asked this bullying or fair play? phil e-mailed us. it is not bullying. these things can happen in sports and life. >> no obvious bias by the

refs and the game was won fair and square. take your lumps, learn from experience and move on. we appreciate everyone who responded. >> have a great day. >> "fox & friends" starts now. bye. good morning. it is tuesday october 22. i'm elisabeth hasselbeck. queue up the spin machine. president obama says the obamacare website doesn't work. you know why? because it is working too well. >> the number of people who have visited the site has been overwhelming which has aggravated some of these underlying problems. >> should we believe the white house hype or is the worst yet to come? >> an american hero gunned down. a retired marine turned teacher killed while saving his students when a seventh grader opened up fire right before the morning bell. how the marine's heroic actions saved countless lives. >> arnold schwarzenegger like you've never seen him